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Conspiracy Liability Outline

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This is an extract of our Conspiracy Liability document, which we sell as part of our Criminal Law Outlines collection written by the top tier of New York University School Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Criminal Law Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:

CONSPIRACY
Jump to ACTUS REUS // MENS REA // PINKERTON // RENUNCIATION + WITHDRAWAL

Separate crime

Two meanings (1) inchoate crime, aims at preparatory conduct (2) accessory liability:
individuals in C liable for actions of others in the group

Conspiracy is a continual offense - ends when objective is achieved or abandoned

Policy for conspiracy liability o
(1) Deters conspiracies from forming and people from joining

Group dynamics strengthen resolve, allow for efficiencies, and increase likelihood of crime

Groups allow for more crimes and more serious and complex crimes to be committed, liability - included crimes unrelated to original purpose of the group

Group dynamics decrease probability that individuals will depart from path of criminality o
(2) deters careless behavior within a conspiracy o
(3) if the target crime is difficult to prosecute, get the defendants on conspiracy o
(4) help prosecutors to get co-conspirators to cooperate, give information, and turn on the others, in order to take down the leaders of the conspiracy

(CONSPIRACY) Actus Reus (not much work)
o
Agreement with someone else to commit a crime

Can be express or implied o
Sometimes jx require an overt act

But very minor act suffices (buy materials, set time and place over telephone)
o
How to infer agreement

Relationship between the parties (Vs. strangers)

Financial agreement (shared interest)

Same motive for agreement (vs. different motive)

Verbal agreement and exchange (vs. lack)

Circumstances that make it improbable that action would happen without prior agreement

Ex. Perry: conspiracy to allow sexual abuse

Court: not enough to infer

Dissent: Implied agreement bc family relationship, motivated by financial support of the assaulter, told same lie to detective, knew about sex offense status > must have agreed

(1) government argument: conduct not have happened without agreement

(2) defense argument: this was parallel conduct that was independent and did not require agreement o
MPC: 5.03(1)

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